JUDGMENT :

The instant appeal has been filed under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) against the judgment and decree dated 13.12.2019 passed by the learned Additional District Judge, Jorhat in Title Appeal No.9/2014 whereby the judgment and decree dated 31.05.2014 passed in Title Suit No.16/2010 was set aside and quashed.

2. This Court vide order dated 04.09.2020 admitted the instant appeal by formulating two substantial question of law :

i. Whether the first appellate court was justified in setting aside the judgment and decree passed by the trial court granting the relief of partition on the face of the pleading that the predecessor-in-interest of the respondents plaintiffs sold her land measuring 3 Kathas which was gifted to her by the common predecessor-in-interest of the parties to the suit as her share?

ii. Whether granting of relief to the respondents plaintiffs without considering the fact of gift to the daughters of the common predecessor in interest of the parties to the suit including the mother of the respondents plaintiffs amounts to perversity?

3. For deciding as to whether the above mentioned two substantial questions of law are involv